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Madras High CourtWP/17525/2021allowed

V.Palani v. The Tahsildhar

2021-08-24Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.08.2021

CORAM

THE HONOURABLE MRS. JUSTICE V. BHAVANI SUBBAROYAN W.P. No. 17525 of 2021 V.Palani ... Petitioner

Versus

The Tahsildhar, Poondhamallee Taluk, Thiruvallur District. .. Respondent Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondent to dispose of the representation of the petitioner dated 20.04.2021.

For Petitioner :

Ms. G. Gayathri For Respondent :

Mr. Yogesh Kannadasan Government Advocate

ORDER

This Writ Petition has been filed by the petitioner seeking to issue a Writ of Mandamus directing the respondent to dispose of his representation dated 20.04.2021.

2. The case of the petitioner is that his mother owned a plot bearing No.32 comprised in Survey No.51/22, Patta No.4871, measuring an extent of 3146 Sq ft, situated at Ashtalakshmi Avenue-Phase-II, Senneerkuppam Village, Poondhamallee Taluk, Thiruvallur District. His mother settled the above said property in his favour in the year 2018 which was registered as Document No.2309/2018 on the file of Sub-Registrar, Kunrathur. Pursuant to the execution of the settlement deed, he became the absolute owner of the property and is in possession and enjoyment of the same.

3. The grievance of the petitioner is that he wanted wanted to survey the land and to fix the boundaries to his property. For this purpose, he approached the Surveyor in the office of the respondent to measure and demarcate the boundaries of his property. Even though a surveyor was deputed and he had https://hcservices.ecourts.gov.in/hcservices/

measured the property, the boundaries fixed by him is improper and not in accordance with the Field Measurement Book (FMB). Therefore, the petitioner submitted a representation to the respondent on 20.04.2021 to re-measure the property correctly and issue FMB sketch for his land. According to the petitioner, his representation has not been considered by the respondent and no action has been taken thereof till date.

4. Heard the counsel for the petitioner and the learned Government Advocate appearing for the respondent. In the representation dated 20.04.2021, the petitioner has stated that the fixation of four boundaries of his property was improper and sought for re-measuring the property. The representation dated 20.04.2021 of the petitioner has not been acted upon till date. Therefore, the respondent is directed to depute a competent surveyor to re-measure the property of the petitioner and to fix the correct boundaries of the petitioner based on the documents produced as well as the revenue records and pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of copy of this order.

5. The writ petition is allowed accordingly. No Costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar gbi To The Tahsildhar, Poondhamallee Taluk, Thiruvallur District.

+1cc to Ms.G.Gayathri, Advocate Sr.42782 +1cc to the Government Pleader Sr.43061 W.P.No.17525 of 2021 nk[co] srg 28/10/2021 https://hcservices.ecourts.gov.in/hcservices/